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I'm being made redundant - end of contract is May 10th. This Monday evening I received a phone call telling me that I'm being put on gardening leave for the remainder of my contract.
Am I entitled to holiday pay for the time I'm on gardening leave? Or does it just get swallowed up?
It counts as a part of your service so you should accrue holiday for the period you're on gardening leave.
They can insist that you take the holiday at the end rather than pay you in lieu though, is my understanding.
AFAIK, gardening leave is paid as normal, not holiday. It's usually a case of being, effectively, suspended with full pay. It certainly was in my last experience of it, essentially I got told "Your notice is up in a month but there's nothing productive for you to do between now and then, so go home and we'll pay you 'til your notice runs out."
That's what I thought... But can they make me take holiday whilst on leave already? I can't take it outside of the gardening leave as I'm already on it and I have a finish date... Unless I have to go back in the last couple of days but actually don't due to holidays.
I think I'll just ask nicely and suck it up, probably not worth getting in a stress about for a couple of days!
its the 17 of april today.. your contract of employment is up on the 10th may. 'gardening leave' 'suspension' 'working from home' call it what you like is still part of your employment and accrues benifits just as you would as if you were actually grafting..
what i would be keen to understand is what monies will you receive on 10th may.. it sounds as if you believe you have holidays outstanding.. are you expecting a lump sum in lieu of of were you intending to take holidays in the remaining contract.?
on a lighter note.. hope that unlike henning berg the person who gave you a contract was actually authorised to do so..
To be honest I don't really know! Up until Monday evening I was expecting to work my notice and take a couple of days leave in that time (I used all my holidays up to the end of last year's allowance on the 31st of March and I have yet to use any this year) but obviously I'm not not going to use leave days 'cos I'm not there anyway.
If you arent working then arrange to have it as a payment in kind and you arent obliged to pay tax on it. This may mean that you dont acrue holiday but 8.3% v's 20% so still better off having it tax free
If you arent working then arrange to have it as a payment in kind and you arent obliged to pay tax on it. This may mean that you dont acrue holiday but 8.3% v's 20% so still better off having it tax free
That's a bit confusing - "payment in kind" means not in money, e.g. if you work for Cadburys, getting paid in dairy milk. I think you are alluding to compensation for loss of office, which can be tax free, however pay in lieu of notice wouldn't be so that wouldn't apply in this instance, since that is what this would be. Hope that's clearer.